In owner-managed businesses, the lines between the commercial and the personal can often become blurred, particularly where family members are involved in running the business.

Background

J A Ball Limited (“JAB”) was a sub-contractor appointed by St Philips Homes (Courthaulds) Ltd (“SPC”) for works involving the conversion of a commercial property into residential apartments. The contract was a JCT contract with bespoke amendments. JAB entered administration and did not complete the works. SPC completed the works, which JAB considered an unlawful termination of the contract. JAB sought payment of the remainder of the contract value from SPC.

Post the Covid-19 pandemic, we have seen an increasing number of enquiries from clients wishing to vary or discharge conditions in their title deeds, which may prevent them using their property in the way they would like, for example, by building an extension or operating a business from it.

In October 2019, Coleen Rooney announced on her public Instagram account that, following her investigations, she had identified various stories leaked to the press about her private life had been leaked by “Rebekah Vardy’s account”.  Taking inspiration from the late Dame Agatha Christie’s detective novels, the phrase Wagatha Christie became a headline favourite of press outlets across the world to describe the dispute between Vardy and Rooney.

Prescription and limitation apply to all claims in delict/tort and contract. Different rules apply north and south of the border, but the purpose of both is to ensure that a wrongdoer cannot be sued for a historic delict/tort or contractual claim, as a matter of public policy.  Time-bar will operate against these ‘stale’ claims, in order to avoid the difficulties of proof created by delays and to prevent businesses and individuals from living with a threat of litigation hanging over them indefinitely.

Background

Atalian Servest AMK Limited ("AMK”) was engaged as subcontractor to carry out construction works at Lord’s Cricket Ground in London. AMK appointed B W (Electrical Contractors) Limited (“BW”) as subcontractor to AMK to assist with electrical works. The works did not go as planned and the parties advanced financial claims against each other.

Tribunal provides further guidance on valuation of rent under the Electronic Communications Code

A recent decision of the Lands Tribunal for Scotland in an application under the Electronic Communications Code – EE Ltd v Service – has provided some further guidance on the valuation of consideration (i.e. rent) payable by operators to site providers under Code agreements.